CHARLES DANIEL DEARING, JR., APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1977-08-09

No. 76-1380

Before PEARSON, BARKDULL and HUBBART, JJ.

348 So. 2d 1233 Florida District Court of Appeal, Third District (1977) Positive Treatment

Cited by 2 cases

Topics

Waiver Of Right To Remain Silent Waiver Of Right To Counsel Right To Remain Silent Waiver

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Opinion of the Court

PER CURIAM.

The defendant Charles Dearing, Jr. appeals a criminal conviction entered upon a jury verdict for unlawful possession of explosives without a permit [Sections 552.101, 552.22. Florida Statutes (1975)] in the Circuit Court for the Eleventh Judicial Circuit of Florida. He contends on appeal that the trial court erred in certain of its instructions to the jury in the denial of defense motions to suppress and dismiss, and in a ruling on the waiver of defendant’s right to counsel and to remain silent.

We affirm based on the following authorities: Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925) adopted by Section 933.-19, Florida Statutes (1975); State ex rel. Butler v. Cullen, 253 So. 2d 861 (Fla.1971); Ponder v. State, 323 So. 2d 296 (Fla. 3d DCA 1975); State v. Stanzione, 315 So. 2d 500 (Fla 4th DCA 1975); King v. State, 303 So. 2d 389 (Fla. 3d DCA 1974); Yost v. State, 243 So. 2d 469, 471 (Fla. 3d DCA 1971); Fla.R.Crim.P. 3.390(d).

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Dearing v. State, 388 So. 2d 296 (Fla. 3d DCA 1980)

…ng on five years probation with a special condition that he serve six months in the county jail. He posted a supersedeas bond and was released pending his appeal, which resulted in an affirmance of his conviction on August 9, 1977. Dearing v. State, 348 So. 2d 1233 (Fla. 3d DCA 1977). Subsequently, however, Dearing pled guilty to a marijuana conspiracy charge in the federal District Court for the Western District of Texas and began serving a sentence for that offense. The federal charge formed the only basis f…

Authorities Cited

Carroll v. United States, 267 U.S. 132 (U.S. 1925)
State of Fla. ex rel. Isaac Don Butler & Gerald Nickles v. Honorable Ralph O. Cullen, 253 So. 2d 861 (Fla. 1971)
Yost v. State, 243 So. 2d 469 (Fla. 3d DCA 1971)
Lovon Ponder v. State, 323 So. 2d 296 (Fla. 3d DCA 1975)
King v. State, 303 So. 2d 389 (Fla. 3d DCA 1974)
State v. Carmine A. Stanzione and Peter Joseph Salerno, 315 So. 2d 500 (Fla. 4th DCA 1975)

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